International University of Islamic DenominationsFiqhe Moqaran2322-19761120130601EditorialEditorial5167293FAAbdolkarimBiazar ShiraziJournal Article20130430https://fiqhemoqaran.mazaheb.ac.ir/article_7293_7d91786c01b3931e8d94baf248608979.pdfInternational University of Islamic DenominationsFiqhe Moqaran2322-19761120130601The Juridical Principles of the exit of Islamic World from the Prosecutions of Human Rights ReversalThe Juridical Principles of the exit of Islamic World from the Prosecutions of Human Rights Reversal17317296FAAbbasAliAmid ZanjaniJournal Article20110621Islamic countries based on some political reasons have been accused by international conventions for Human Rights Reversal, so Islamic World has so many hard challenges and disputations. Much of these prosecutions refer to domestic issues and are based on juridical subjects. So to exit from these political pressures of international conventions, it is useful to review juridical solutions of Sunni and Shiite sects. We will review juridical principles of these solutions.Islamic countries based on some political reasons have been accused by international conventions for Human Rights Reversal, so Islamic World has so many hard challenges and disputations. Much of these prosecutions refer to domestic issues and are based on juridical subjects. So to exit from these political pressures of international conventions, it is useful to review juridical solutions of Sunni and Shiite sects. We will review juridical principles of these solutions.https://fiqhemoqaran.mazaheb.ac.ir/article_7296_d7f14b4988c30cc40e5e7b7d157bc018.pdfInternational University of Islamic DenominationsFiqhe Moqaran2322-19761120130601The reason of Gharar disavow and its effect on transactionsThe reason of Gharar disavow and its effect on transactions33547297FAMohammad AliTaskhiriJournal Article20120721The Gharar disavow issue in transactions has wide aspects on the juridical subjects and we can say that Gharar disavow is one of the traits of legal transactions in Islam; because many of human statutes apparently have supported some Gharar transactions such as bet and Gambling and in this age they use transactions with less Gharar. What makes review and study of Gharar important is that these transactions have so many shady cases, because in every manner of study we find it so rare in the transactions which have been accepted by Islam, so we should separate these cases.
Yet we have some transactions which have been called "Gharari" by human statutes and some of them have acceded to Islamic jurisprudence and many of jurisprudents have accepted them and some have cautious view to them. In this article we will review Gharar and its aspects: 1. Custom description of Gharar 2. Idiomatic and juridical definition of Gharar (if any definition exists) 3. Considering of acceptable and unacceptable levels of it 4. Attention to effects of it on the collection of known transactions and indeed attention to the reasons of prohibition of Gharar in some of the transactions such as fruit selling before appears on the tree 5. Attention to effects of it on the new transactions such as insurance and lottery.The Gharar disavow issue in transactions has wide aspects on the juridical subjects and we can say that Gharar disavow is one of the traits of legal transactions in Islam; because many of human statutes apparently have supported some Gharar transactions such as bet and Gambling and in this age they use transactions with less Gharar. What makes review and study of Gharar important is that these transactions have so many shady cases, because in every manner of study we find it so rare in the transactions which have been accepted by Islam, so we should separate these cases.
Yet we have some transactions which have been called "Gharari" by human statutes and some of them have acceded to Islamic jurisprudence and many of jurisprudents have accepted them and some have cautious view to them. In this article we will review Gharar and its aspects: 1. Custom description of Gharar 2. Idiomatic and juridical definition of Gharar (if any definition exists) 3. Considering of acceptable and unacceptable levels of it 4. Attention to effects of it on the collection of known transactions and indeed attention to the reasons of prohibition of Gharar in some of the transactions such as fruit selling before appears on the tree 5. Attention to effects of it on the new transactions such as insurance and lottery.https://fiqhemoqaran.mazaheb.ac.ir/article_7297_142536b9b535b78e681c11b0195d962f.pdfInternational University of Islamic DenominationsFiqhe Moqaran2322-19761120130601Islamic Jurisprudence; from Free Ijtihad to Interior IjtihadIslamic Jurisprudence; from Free Ijtihad to Interior Ijtihad55797299FAJalilOmidiJournal Article20120312Ijtihad means jurisprudent's opinion about reasons and purposes of Shari'ah to gain conjecture about juridical sentence of the subjects which have not explained their sentences. This historical duty has been acquitted in different manners in different segments of history. Before appearance of Islamic religions Free and Individual Ijtihad and then after appearance of Islamic religions Interior Ijtihad have been usual. Interior Mojtahids have been categorized in Montasab, Ahle Takhrij and Ahle Tarjih, and they were like head of the religions. Yet they were followers of them because of the strength of their sources and certainty of their standards and norms. Passage from free ijtihad to interior ijtihad has not disconnected the process of ijtihad, so subjects like imitation of one mojtahid from another and stoppage of ijtihad have not appeared.Ijtihad means jurisprudent's opinion about reasons and purposes of Shari'ah to gain conjecture about juridical sentence of the subjects which have not explained their sentences. This historical duty has been acquitted in different manners in different segments of history. Before appearance of Islamic religions Free and Individual Ijtihad and then after appearance of Islamic religions Interior Ijtihad have been usual. Interior Mojtahids have been categorized in Montasab, Ahle Takhrij and Ahle Tarjih, and they were like head of the religions. Yet they were followers of them because of the strength of their sources and certainty of their standards and norms. Passage from free ijtihad to interior ijtihad has not disconnected the process of ijtihad, so subjects like imitation of one mojtahid from another and stoppage of ijtihad have not appeared.https://fiqhemoqaran.mazaheb.ac.ir/article_7299_29e11dc359bad383e1243f730bdbe032.pdfInternational University of Islamic DenominationsFiqhe Moqaran2322-19761120130601Legitimation of Rajm and being Hadd or Ta'zir of it on the view of Islamic religionsLegitimation of Rajm and being Hadd or Ta'zir of it on the view of Islamic religions811007300FAAbedinMomeniJournal Article20120310Rajm which is one of the Islamic punishments undoubtedly is a juridical penalty and has so many Revayah which they are they are joint and have been related by Hadith collections in Islam and they are undeniable. Considering the Rajm as Hadd or Ta'zir is based on Islamic jurisprudent's ijtihads and we have no certain juridical evidence on that and there is no juridical prohibition for considering it as Hadd or Ta'zir and juridical governor can perform some special Ta'zir punishment on the basis of his assessment. One of the result of considering the Rajm as Ta'zir is that to not perform a special Ta'zir does not mean shutting down of some divine sentence.Rajm which is one of the Islamic punishments undoubtedly is a juridical penalty and has so many Revayah which they are they are joint and have been related by Hadith collections in Islam and they are undeniable. Considering the Rajm as Hadd or Ta'zir is based on Islamic jurisprudent's ijtihads and we have no certain juridical evidence on that and there is no juridical prohibition for considering it as Hadd or Ta'zir and juridical governor can perform some special Ta'zir punishment on the basis of his assessment. One of the result of considering the Rajm as Ta'zir is that to not perform a special Ta'zir does not mean shutting down of some divine sentence.https://fiqhemoqaran.mazaheb.ac.ir/article_7300_220787ad7829c9cbc7e9953cb1c36fb3.pdfInternational University of Islamic DenominationsFiqhe Moqaran2322-19761120130601Government Jurisprudence beyond Islamic Religions with Analysis of the Norm of: "Al-Ta'zir Bema Yarah al-Hakim"Government Jurisprudence beyond Islamic Religions with Analysis of the Norm of: "Al-Ta'zir Bema Yarah al-Hakim"1011267301FAToobaShakeriJournal Article20121008In this article we will explain semantics analysis of "Al-Ta'zir Bema Yarah al-Hakim" and opinions of Sunni and Shiite about government jurisprudence and we will offer a model of government. Ta'zir does not only mean punishments less than Hadd, but means continuum contrivance or juridical politic and opinion means governor's opinion which considers individual expedients and also generic expedients. So the second trait (beyond religions) of government jurisprudence appears, because regardless of the principles of government legitimation, government jurisprudence is the same in government sentences and principles and ruls of the whole jurisprudence. So we could claim Islamic jurisprudence is not limited to one religion in government category and has so many horizons and is limited to one religion in non- government category.In this article we will explain semantics analysis of "Al-Ta'zir Bema Yarah al-Hakim" and opinions of Sunni and Shiite about government jurisprudence and we will offer a model of government. Ta'zir does not only mean punishments less than Hadd, but means continuum contrivance or juridical politic and opinion means governor's opinion which considers individual expedients and also generic expedients. So the second trait (beyond religions) of government jurisprudence appears, because regardless of the principles of government legitimation, government jurisprudence is the same in government sentences and principles and ruls of the whole jurisprudence. So we could claim Islamic jurisprudence is not limited to one religion in government category and has so many horizons and is limited to one religion in non- government category.https://fiqhemoqaran.mazaheb.ac.ir/article_7301_9c779f56f336b3c812343434f57b6a0e.pdfInternational University of Islamic DenominationsFiqhe Moqaran2322-19761120130601Civil Liability of Judge in the Legal Systems of Iran and Islamic Religions sCivil Liability of Judge in the Legal Systems of Iran and Islamic Religions s1271477302FAFaribaHaji AliJournal Article20120212Refer to sensitivity and importance of judgment it is necessary to consider some sanctions about performance of judges which Islamic Law has explained some of them. Juridical regulations about pledges all prove its legal principles. But there is some problems in ambiguity and doubt about it such as explain the definition of mistake and guilt and also ways of recognition of the difference between these two. Judge has no liability just in the case of mistake and the scathes will be due to beytolmal. Government should consider a certain proportion for these cases in annual budget.Refer to sensitivity and importance of judgment it is necessary to consider some sanctions about performance of judges which Islamic Law has explained some of them. Juridical regulations about pledges all prove its legal principles. But there is some problems in ambiguity and doubt about it such as explain the definition of mistake and guilt and also ways of recognition of the difference between these two. Judge has no liability just in the case of mistake and the scathes will be due to beytolmal. Government should consider a certain proportion for these cases in annual budget.https://fiqhemoqaran.mazaheb.ac.ir/article_7302_d9437926cc8d785a7bdb8578fd85d8e3.pdf